Confidentiality/commercial sensitivity

Employers cannot avoid TUPE consultation obligations by arguing that information is too commercially sensitive or confidential (E Ivor Hughes Educational Foundation v Morris [2015] UKEAT/0023/15/LA). Union reps can and often do sign commercial confidentiality agreements before being supplied with commercially sensitive information.

Any restrictions on the disclosure of information must be spelled out clearly at the start of the I&C process (with necessary training), as well as the sanctions for breaking the rules. The consequences for reps of breaking confidentiality rules that have been clearly explained can be serious, including dismissal.